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Centennial Cas. Co., Inc. v. Western Sur. Co.

Supreme Court of South Carolina

May 13, 2015

Centennial Casualty Co., Inc., Petitioner,
v.
Western Surety Company, d/b/a CNA Surety, Respondent. Western Surety Company, d/b/a CNA Surety, Defendant/Third-Party Plaintiff,
v.
Charleston Auto Auction, A3 Auto Center, LLC, and Wylie Mickle, Third-Party Defendants

Submitted April 7, 2015

Appeal from Charleston County. J. C. Nicholson, Jr., Circuit Court Judge. Appellate Case No. 2014-001521.

Ian S. Ford, of Ford Wallace Thomson LLC, of Charleston, for Petitioner.

Sidney Markey Stubbs, of Baker Ravenel & Bender, LLP, of Columbia, for Respondent.

OPINION

Page 275

[412 S.C. 332] ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

PER CURIAM

This matter is before the Court by way of a petition for a writ of certiorari to review the court of appeals' decision in Centennial Casualty Co. v. Western Surety Co., 408 S.C. 554, [412 S.C. 333] 758 S.E.2d 916 (Ct.App. 2014). We grant the petition, dispense with further briefing, reverse, and remand to the court of appeals.

I.

Charleston Auto Auction (Charleston Auto) is a wholesale auctioneer of automobiles. Charleston Auto facilitates the sale of automobiles between dealerships by acting as an agent and legal representative, collecting and dispersing funds for purchases, and conveying title between the buyers and sellers. In 2008, an automobile dealer, A3 Auto Center (A3), sought to purchase three automobiles from other car dealerships (Sellers) and use Charleston Auto to facilitate the sale.

Under section 56-15-320(B) of the South Carolina Code (Supp. 2014) (Dealer Bond Statute), all dealers and wholesalers are required to obtain a surety bond " as indemnification for loss or damage suffered by an owner of a motor vehicle, or his legal representative." Pursuant to this statutory requirement, A3 obtained a surety bond from CNA Surety.

Charleston Auto located the three vehicles that A3 sought to purchase from the Sellers. Charleston Auto arranged the sales and the bills of sale contained language appointing Charleston Auto as the agent and legal representative of both A3 and the Sellers for the purpose of processing the transactions. A3 paid Charleston Auto for the vehicles with three checks, which were eventually returned for insufficient funds. Therefore, Charleston Auto sought reimbursement from its insurance carrier, Centennial Casualty Co., who is the Petitioner in this matter. Petitioner paid Charleston Auto's claim and demanded reimbursement from CNA Surety pursuant to A3's surety bond. CNA Surety refused to pay, contending that the Dealer Bond Statute did not apply to the transaction as neither Petitioner nor Charleston Auto was a " legal representative" who suffered a loss or damage.

Petitioner filed suit against CNA Surety, claiming that Charleston Auto was the " legal representative" of A3 ...


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